Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

at this point, the only way to get out is either through bail or he is acquitted.

for bail, he can file a motion for bail. the prosecution will be forced to present its evidence immediately and if it is not strong, then bail will be granted. note that the bail will still be very high around P150k.

this is a gamble, if the prosecution's case is strong, then they will be able to submit their evidence very quickly, and conviction will happen very quickly.

on the other hand, he can choose to endure being in jail, and let time pass. many things can happen such as evidence being lost and witnesses becoming unavailable. this can lead to acquittal.

study the evidence presented during preliminary investigation. the most important point to convict is to prove that your brother is the only person with access to the vault and he was the person in last possession of the stolen item. if the evidence of this is not strong, you should gamble on a motion for bail.

_________________

[i] Visit our FB Page: BPO Employee Legal Advice Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.

if you do, be careful about what you say because an offer of settlement can be used as an admission against you.

_________________

[i] Visit our FB Page: BPO Employee Legal Advice Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.

when you say dole, do you mean the nlrc? at this point, it is no longer relevant because your brother is in jail, but he can point this out when he testifies so as to put color on the management's accusations.

_________________

[i] Visit our FB Page: BPO Employee Legal Advice Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.

there will be no magic solution, it really is just bail or acquittal that will get your brother out. does he have his own lawyer or PAO? what is the stage of the proceedings?

indeed having mere access is not sufficient for conviction, there has to be better evidence.

the illegal suspension case is not a great defense, but it can be raised to show the motives of the company. i recommend that the nlrc case be still pursued even if he is in detention.

_________________

[i] Visit our FB Page: BPO Employee Legal Advice Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.

when was the first nlrc complaint dismissed, and when did you re-file. you have one year in between to re-file.

have the management talk to the prosecutor about dropping you from the complaint. you can negotiate a deal which includes a resolution of the nlrc case and the criminal case. good luck.

_________________

[i] Visit our FB Page: BPO Employee Legal Advice Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.

hmmm, if those dates are correct, it means it was more than one year after the dismissal of the case before you re-filed your complaint, and the dismissal should be deemed final. to attack this, you will have to show that you never received a notice of the dismissal of the first complaint.

after the filing of position papers, you can file a reply to the other party's position paper.

_________________

[i] Visit our FB Page: BPO Employee Legal Advice Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.

i suggest you remove it, but the other side can prove when it was received by looking up the records from the previous case. if the resolution comes out in 3 months after the case is submitted, that will be fast.

_________________

[i] Visit our FB Page: BPO Employee Legal Advice Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.

the respondent has the right to use that as a defense in his position paper and it may be considered by the arbiter if it is warranted. of course, it may result in your complaint being dismissed.

after a case is first dismissed, you have one whole year to revive it. failure to do so has its consequences.

_________________

[i] Visit our FB Page: BPO Employee Legal Advice Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.